{"title":"Editorial (RDPDF, vol. 5, n. 2, 2023)","authors":"Alberto Carvalho Amaral","doi":"10.29327/2193997.5.2-1","DOIUrl":"https://doi.org/10.29327/2193997.5.2-1","url":null,"abstract":"","PeriodicalId":34528,"journal":{"name":"Revista da Defensoria Publica do Distrito Federal","volume":"193 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135705535","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The scope of this analysis is to review the great theoretical discourses on the legitimation of punishment and Criminal Law and their inability to materialize in terms of reality. Faced with the large gap between the normative programming they inspire and its effectiveness, the possibility is revealed that they are devoid of scientificity, as a rational discourse oriented towards the understanding of a certain set of evident phenomena, degenerating into ideological expedients of legitimizing a form of social control through the expression of the power to apply penal sanctions. For the interpretation of the verified phenomenon, some of the main theses of Marx and Engels are revisited, as exposed in The German Ideology, and their peculiar way of defining the concept of ideology. Going through, in essence, the general characteristics of each of the analyzed theories, instead of understanding them by themselves, they are interpreted, according to the historical-dialectical method, as expressions of the hegemony of the class that emerges as dominant from the consolidation of the capitalist mode of production. Evidencing, thus, the ideological essence of such discourses, it is allowed that they be reassessed in their scope and purposes, providing a practice that, without intending their immediate abolition or overcoming, allows their exercise in terms less refractory to the dignity of the human person.
{"title":"Teorias legitimadoras da pena: ciência ou ideologia? Uma análise crítica dos discursos penais dominantes à luz do conceito de ideologia em Marx e Engels","authors":"Jefferson Carús Guedes, Paulo Márcio de Nápolis","doi":"10.29327/2193997.5.2-9","DOIUrl":"https://doi.org/10.29327/2193997.5.2-9","url":null,"abstract":"The scope of this analysis is to review the great theoretical discourses on the legitimation of punishment and Criminal Law and their inability to materialize in terms of reality. Faced with the large gap between the normative programming they inspire and its effectiveness, the possibility is revealed that they are devoid of scientificity, as a rational discourse oriented towards the understanding of a certain set of evident phenomena, degenerating into ideological expedients of legitimizing a form of social control through the expression of the power to apply penal sanctions. For the interpretation of the verified phenomenon, some of the main theses of Marx and Engels are revisited, as exposed in The German Ideology, and their peculiar way of defining the concept of ideology. Going through, in essence, the general characteristics of each of the analyzed theories, instead of understanding them by themselves, they are interpreted, according to the historical-dialectical method, as expressions of the hegemony of the class that emerges as dominant from the consolidation of the capitalist mode of production. Evidencing, thus, the ideological essence of such discourses, it is allowed that they be reassessed in their scope and purposes, providing a practice that, without intending their immediate abolition or overcoming, allows their exercise in terms less refractory to the dignity of the human person.","PeriodicalId":34528,"journal":{"name":"Revista da Defensoria Publica do Distrito Federal","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135705536","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Geovanna Sotero Corcinio, Alana Maria Passos Barreto
The present work aims to promote the analysis of the main aspects that involve the theme clandestine environmental recordings as a means of proof in the Electoral Criminal Process. Initially, we seek to examine the theme by specifying the audiovisual evidence and their differences, emphasizing the procedure of clandestine recordings, object of the work. A continuous act, the line of changes of understanding of this theme over the years is exposed, until the current jurisprudential consolidation by the Supreme Court. Soon after, the work focuses on the development in the electoral area, especially the jurisprudential oscillation even with the position established by the Supreme Court in Extraordinary Appeal 583,937 Rio de Janeiro, demonstrating the main points of controversy as a basis in the jurisprudence of the Superior Electoral Court. Finally, the last topic addresses the change in the positioning of the TSE, going back on the illegality of clandestine environmental recording.
{"title":"Gravação ambiental clandestina e sua dissonância no bojo do contencioso eleitoral perante entendimento do Supremo Tribunal Federal","authors":"Geovanna Sotero Corcinio, Alana Maria Passos Barreto","doi":"10.29327/2193997.5.2-4","DOIUrl":"https://doi.org/10.29327/2193997.5.2-4","url":null,"abstract":"The present work aims to promote the analysis of the main aspects that involve the theme clandestine environmental recordings as a means of proof in the Electoral Criminal Process. Initially, we seek to examine the theme by specifying the audiovisual evidence and their differences, emphasizing the procedure of clandestine recordings, object of the work. A continuous act, the line of changes of understanding of this theme over the years is exposed, until the current jurisprudential consolidation by the Supreme Court. Soon after, the work focuses on the development in the electoral area, especially the jurisprudential oscillation even with the position established by the Supreme Court in Extraordinary Appeal 583,937 Rio de Janeiro, demonstrating the main points of controversy as a basis in the jurisprudence of the Superior Electoral Court. Finally, the last topic addresses the change in the positioning of the TSE, going back on the illegality of clandestine environmental recording.","PeriodicalId":34528,"journal":{"name":"Revista da Defensoria Publica do Distrito Federal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135705540","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
One of the points of great controversy regarding international social security agreements is the possibility of paying benefits worth less than the national minimum wage. Based on this issue, the present study aims to examine the constitutionality of the proportional social security benefit granted to migrants, based on the analysis of the decision in Theme 262 of the TNU (National Uniformity Panel), involving the Social Security Agreement between Brazil and Portugal. To this end, the origin and main instruments of legal protection dedicated to migrants will be addressed, as well as the treatment given by the Federal Constitution to international treaties, including their formation and incorporation process. Next, international social security agreements in Brazil will be analyzed, highlighting the applicable principles and agreements currently in force, due to their importance in the migration context. Through a practical approach, the decision on Topic 262, which was standardized by the TNU on May 27, 2021, will be examined, highlighting the factual context and the foundations that led to the agreement reached. Considering that the work is exploratory in nature, the research adopted a qualitative approach, being developed with bibliographic and documentary research, focusing on the case study of TNU Theme 262 and interpreted using the content analysis technique. In the end, it was found that the decision made by the TNU is in accordance with the constitutional and infra-constitutional provisions on the matter, and observed the criteria of reasonableness and proportionality, guaranteeing social justice in relation to other insured people. Furthermore, payment proportional to payments made in the countries in which the worker contributed occurs only in cases where there is also payment of social security benefits in these countries, as well as in which they are members of an international social security agreement with Brazil.
{"title":"A constitucionalidade do benefício previdenciário proporcional para migrantes à luz do tema 262 da TNU","authors":"Janice Scheila Kieling","doi":"10.29327/2193997.5.2-5","DOIUrl":"https://doi.org/10.29327/2193997.5.2-5","url":null,"abstract":"One of the points of great controversy regarding international social security agreements is the possibility of paying benefits worth less than the national minimum wage. Based on this issue, the present study aims to examine the constitutionality of the proportional social security benefit granted to migrants, based on the analysis of the decision in Theme 262 of the TNU (National Uniformity Panel), involving the Social Security Agreement between Brazil and Portugal. To this end, the origin and main instruments of legal protection dedicated to migrants will be addressed, as well as the treatment given by the Federal Constitution to international treaties, including their formation and incorporation process. Next, international social security agreements in Brazil will be analyzed, highlighting the applicable principles and agreements currently in force, due to their importance in the migration context. Through a practical approach, the decision on Topic 262, which was standardized by the TNU on May 27, 2021, will be examined, highlighting the factual context and the foundations that led to the agreement reached. Considering that the work is exploratory in nature, the research adopted a qualitative approach, being developed with bibliographic and documentary research, focusing on the case study of TNU Theme 262 and interpreted using the content analysis technique. In the end, it was found that the decision made by the TNU is in accordance with the constitutional and infra-constitutional provisions on the matter, and observed the criteria of reasonableness and proportionality, guaranteeing social justice in relation to other insured people. Furthermore, payment proportional to payments made in the countries in which the worker contributed occurs only in cases where there is also payment of social security benefits in these countries, as well as in which they are members of an international social security agreement with Brazil.","PeriodicalId":34528,"journal":{"name":"Revista da Defensoria Publica do Distrito Federal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135705541","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The work has as its central problem the identification if the principle of improper bagatela can be applied to criminal offenses committed under Law No. 11.340/06, if the subsequent reconciliation of the couple occurs, according to the judgment of HC No. 333.195/MS by the Superior Court of Justice. Therefore, the objective of the article is to analyze whether the reconciliation of the couple would be an authorizing requirement that allows the incidence of this principle or not. Thus, a deductive method was used (starting from a general analysis of the theme, with the study of the Maria da Penha Law to later deal with the judgment of the aforementioned habeas corpus filed by the Public Defender's Office of the state of Mato Grosso do Sul) and the main works of the authors who deal with the theme, such as Luigi Ferrajoli and Roberto Barroso.
这项工作的中心问题是，根据高等法院第333.195/MS号最高法院的判决，确定是否可以将不当离婚原则适用于根据第11.340/06号法律所犯的刑事犯罪，如果夫妇随后和解。因此，本文的目的是分析夫妻的和解是否会成为允许这一原则发生的授权要求。因此，采用了演绎的方法(从对主题的一般分析开始，通过对Maria da Penha法的研究，后来处理上述由南马托格罗索州公设辩护人办公室提出的人身保护令的判决)和处理主题的作者的主要作品，如Luigi Ferrajoli和Roberto Barroso。
{"title":"O Julgamento do habeas corpus nº. 333.195/MS pelo Superior Tribunal de Justiça: pode o princípio da bagatela imprópria ser aplicado às infrações penais cometidas no âmbito da Lei nº. 11.340/06 (Lei Maria da Penha), caso ocorra a reconciliação posterior do casal?","authors":"Elenita Araújo e Silva Neta","doi":"10.29327/2193997.5.2-7","DOIUrl":"https://doi.org/10.29327/2193997.5.2-7","url":null,"abstract":"The work has as its central problem the identification if the principle of improper bagatela can be applied to criminal offenses committed under Law No. 11.340/06, if the subsequent reconciliation of the couple occurs, according to the judgment of HC No. 333.195/MS by the Superior Court of Justice. Therefore, the objective of the article is to analyze whether the reconciliation of the couple would be an authorizing requirement that allows the incidence of this principle or not. Thus, a deductive method was used (starting from a general analysis of the theme, with the study of the Maria da Penha Law to later deal with the judgment of the aforementioned habeas corpus filed by the Public Defender's Office of the state of Mato Grosso do Sul) and the main works of the authors who deal with the theme, such as Luigi Ferrajoli and Roberto Barroso.","PeriodicalId":34528,"journal":{"name":"Revista da Defensoria Publica do Distrito Federal","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135705543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In Brazil, identitarianism is an influential flow of opinion largely propagated into Universities and the press. It is so unrooted in the professors’ and journalists’ head that its premises and political agenda seem to constitute a sort of culture, a very spread vocabulary which define the most part of public debates. This text has two aims. First, to criticize the identitarian movements by showing some of their premises and performances and by associating them to the national mediocrity: an elites’ historic trend to maintain Brazilian people in a low level of qualification, capacitation and prosperity. The identitarianism’s aspects that make them an extension and an update of mediocrity are their anti-national and anti-institutional contents. The second aim is to point out to the core of national problems, derisively ignored by Brazilian identitarians, in the manner how institutions are imagined and designed. If our intuitions and arguments are rights, the main topic of a national public debate agenda must be eliminating the mediocrity, and not to perpetuate it, by uplifting an idea of nation through a huge engagement to imagine and construct institutions.
{"title":"Contra a mediocridade, contra o identitarismo: uma contribuição para o debate público e acadêmico nacional","authors":"Carlos Sávio Teixeira, Tiago Medeiros","doi":"10.29327/2193997.5.2-3","DOIUrl":"https://doi.org/10.29327/2193997.5.2-3","url":null,"abstract":"In Brazil, identitarianism is an influential flow of opinion largely propagated into Universities and the press. It is so unrooted in the professors’ and journalists’ head that its premises and political agenda seem to constitute a sort of culture, a very spread vocabulary which define the most part of public debates. This text has two aims. First, to criticize the identitarian movements by showing some of their premises and performances and by associating them to the national mediocrity: an elites’ historic trend to maintain Brazilian people in a low level of qualification, capacitation and prosperity. The identitarianism’s aspects that make them an extension and an update of mediocrity are their anti-national and anti-institutional contents. The second aim is to point out to the core of national problems, derisively ignored by Brazilian identitarians, in the manner how institutions are imagined and designed. If our intuitions and arguments are rights, the main topic of a national public debate agenda must be eliminating the mediocrity, and not to perpetuate it, by uplifting an idea of nation through a huge engagement to imagine and construct institutions.  ","PeriodicalId":34528,"journal":{"name":"Revista da Defensoria Publica do Distrito Federal","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135705539","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The 21st century can be considered the century of the rise of populism, a political and social phenomenon that destroys democractic institutions and systems in the name of political power. In this Regard, in 2020, one of the most important theorists of democracy, Pierre Rosanvallon, published the work The Century of Populism with the aim of understanding, in a complex and systemic way, the characteristics and risks of populist leaders. Thus, from a deep vision that goes through a sociological, historical, and critical look, the theory presented in this book is linked to democratic indeterminacy, that is, the idea that democracy has paradoxes and ambiguities, opening spaces for populism to be born within itself.
21世纪可以被认为是民粹主义兴起的世纪，这是一种以政治权力的名义破坏民主制度和制度的政治和社会现象。在这方面，2020年，最重要的民主理论家之一皮埃尔·罗森瓦隆(Pierre Rosanvallon)发表了《民粹主义的世纪》(the Century of Populism)一书，旨在以复杂而系统的方式理解民粹主义领导人的特征和风险。因此，从社会学、历史和批判的深刻视角来看，本书中提出的理论与民主的不确定性有关，即民主具有悖论和模糊性，为民粹主义在其内部诞生开辟了空间。
{"title":"O populismo como democracia-limite a partir da obra \"O Século do Populismo\": história, teoria e crítica de Pierre Rosanvallon","authors":"Gabriela Felden Scheuermann, Noli Bernardo Hahn","doi":"10.29327/2193997.5.2-10","DOIUrl":"https://doi.org/10.29327/2193997.5.2-10","url":null,"abstract":"The 21st century can be considered the century of the rise of populism, a political and social phenomenon that destroys democractic institutions and systems in the name of political power. In this Regard, in 2020, one of the most important theorists of democracy, Pierre Rosanvallon, published the work The Century of Populism with the aim of understanding, in a complex and systemic way, the characteristics and risks of populist leaders. Thus, from a deep vision that goes through a sociological, historical, and critical look, the theory presented in this book is linked to democratic indeterminacy, that is, the idea that democracy has paradoxes and ambiguities, opening spaces for populism to be born within itself.","PeriodicalId":34528,"journal":{"name":"Revista da Defensoria Publica do Distrito Federal","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135705538","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Edith Maria Barbosa Ramos, David Elias Cardoso Câmara, Gilmara de Jesus Azevedo Martins
The present work aimed to conduct a socio-legal critical analysis of Law No. 14,128/2021, which establishes pecuniary compensation for healthcare professionals who have suffered any permanent disability or, in the case of death, for their dependents. Methodologically, an inductive approach was adopted, combined with bibliographic and jurisprudential review. It was concluded that the provision of specific compensation for healthcare professionals is a recognition of the efforts and dedication of those who were constantly exposed to the risks of contamination, which were exacerbated by Covid-19.
{"title":"Responsabilidade civil no contexto de pandemia: uma análise da compensação financeira em favor dos profissionais de saúde","authors":"Edith Maria Barbosa Ramos, David Elias Cardoso Câmara, Gilmara de Jesus Azevedo Martins","doi":"10.29327/2193997.5.2-6","DOIUrl":"https://doi.org/10.29327/2193997.5.2-6","url":null,"abstract":"The present work aimed to conduct a socio-legal critical analysis of Law No. 14,128/2021, which establishes pecuniary compensation for healthcare professionals who have suffered any permanent disability or, in the case of death, for their dependents. Methodologically, an inductive approach was adopted, combined with bibliographic and jurisprudential review. It was concluded that the provision of specific compensation for healthcare professionals is a recognition of the efforts and dedication of those who were constantly exposed to the risks of contamination, which were exacerbated by Covid-19.","PeriodicalId":34528,"journal":{"name":"Revista da Defensoria Publica do Distrito Federal","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135705542","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The high population contingent, which does not guarantee or is guaranteed its own subsistence, would be one of the factors for the emergence of assistance policies and benefits, not being possible to make them available to all applicants. Criteria were developed, aiming at granting only those who are in poverty. However, these are strict, restricting the majority to achieving the granting of said benefit, even if they are factually entitled to it. This article proposes to analyze, using a qualitative approach and bibliographical survey: social security, assistance benefits, criteria and flexibility, based on legislative and doctrinal analyses.
{"title":"Benefícios assistenciais e o critério de renda; um estudo quanto a necessidade de flexibilização das exigências legais para concessão","authors":"Ana Paula dos Santos Ferreira","doi":"10.29327/2193997.5.2-8","DOIUrl":"https://doi.org/10.29327/2193997.5.2-8","url":null,"abstract":"The high population contingent, which does not guarantee or is guaranteed its own subsistence, would be one of the factors for the emergence of assistance policies and benefits, not being possible to make them available to all applicants. Criteria were developed, aiming at granting only those who are in poverty. However, these are strict, restricting the majority to achieving the granting of said benefit, even if they are factually entitled to it. This article proposes to analyze, using a qualitative approach and bibliographical survey: social security, assistance benefits, criteria and flexibility, based on legislative and doctrinal analyses.","PeriodicalId":34528,"journal":{"name":"Revista da Defensoria Publica do Distrito Federal","volume":"106 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135705537","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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